In a world increasingly striving for inclusivity and diversity in the workplace, the rights of employees with disabilities are gaining more attention. Among these rights is the provision of reasonable accommodations to ensure equal access and opportunities.
However, for Deaf employees, navigating these accommodations can sometimes be challenging.
Access to Work is a UK Government initiative designed to support disabled individuals in securing and maintaining employment. It provides financial assistance for necessary accommodations and support services tailored to an individual’s needs.
For Deaf employees, these accommodations often include sign language interpreters, communication support workers, assistive technology and adaptations to the work environment.
Despite the clear benefits of Access to Work, both for employers and employees, there are certain times when employers may try to resist implementing these accommodations.
Such hesitations can stem from various factors, including financial concerns, lack of awareness or understanding of the programme, or even discrimination.
Here, we look at the guidelines to see if employers are actually allowed to decline or refuse Access to Work support for their employees.
What is Access to Work?
Access to Work is a publicly funded employment support programme that aims to help people with disabilities, including Deaf or hard of hearing individuals, start or stay in work. It provides practical and financial support to individuals whose health or disability affects the way they do their jobs.
Access to Work funding can cover the cost of a wide range of workplace adjustments for Deaf employees, including:
- Communication support: Access to Work can cover the costs of British Sign Language (BSL) interpreters, lip speakers, or note-takers for work-related meetings, training, events or job interviews.
- Specialist equipment: The programme can fund or contribute to the cost of assistive technology such as amplified telephones, textphones or visual alerting systems.
- Travel assistance: If a Deaf person can’t use public transport due to their disability, Access to Work may provide funding for taxi fares or the cost of a support worker to assist with travel.
- Deaf awareness training: Access to Work can pay for Deaf awareness training for colleagues to help create a more inclusive work environment.
- Support workers: In some cases, the programme may fund a support worker to assist a Deaf employee with certain job-related tasks.
The amount of support received depends on individual circumstances, and the employer may be required to contribute to some of the costs. Overall, Access to Work aims to reduce the barriers faced by Deaf employees in the workplace, enabling them to perform their roles effectively and participate fully in their work environment.
Can an employer refuse Access to Work for Deaf employees?
The short answer is: no, they shouldn’t. However, the reality is more nuanced. Employers have a legal obligation under the Equality Act 2010 to make reasonable adjustments for disabled employees to ensure they’re not at a substantial disadvantage compared to non-disabled employees. These adjustments may include providing support through Access to Work.
If a Deaf employee has been granted Access to Work support, the employer is obligated to cooperate with the Access to Work team and implement the recommended adjustments. Refusing to do so could be considered disability discrimination, which is unlawful under the Equality Act.
However, it’s important to note that the Access to Work programme is separate from the employer’s duty to make reasonable adjustments. Even if an employee has not applied for or received Access to Work support, the employer still has a responsibility to discuss and implement reasonable adjustments to support the Deaf employee’s needs.
In some cases, an employer may argue that a particular adjustment is not reasonable if it imposes a significant financial or practical burden on the organisation. However, this must be carefully assessed on a case-by-case basis, and the employer should engage in discussions with the Deaf employee to find alternative solutions.
If a Deaf employee believes their employer has unreasonably refused to provide Access to Work support or make reasonable adjustments, they can raise a grievance with their employer or seek advice from organisations such as ACAS or the Equality Advisory and Support Service (EASS). In some cases, legal action may be necessary to enforce the employer’s obligations under the Equality Act.
Access to Work best practices for employers
To make reasonable adjustments under Access to Work and avoid potential claims for refusing to implement support, you should consider the following steps.
Encourage your Deaf employees to discuss their needs openly and create an environment where they feel comfortable requesting adjustments. Foster a dialogue to understand their specific requirements better.
Work with the Deaf employee and Access to Work team to assess the individual’s needs in the workplace. This may involve a workplace visit by an Access to Work adviser to identify necessary adjustments. Once Access to Work has provided its recommendations and funding, promptly implement the agreed-upon adjustments. This may include providing BSL interpreters, assistive technology or modifying work practices.
Regularly check in with the Deaf employee to ensure that the adjustments are effective and meeting their needs. Be open to making further changes if necessary.
Offer disability or Deaf awareness training to staff to create a more inclusive and understanding work environment. This can help colleagues better communicate with and support their Deaf workmates.
Create and implement clear policies on disability inclusion and reasonable adjustments. Ensure these policies are communicated to all staff and that managers understand their responsibilities.
Document all discussions, assessments and adjustments made to support the Deaf employee. This can provide evidence of your efforts to comply with the Equality Act if ever challenged.
And be proactive. Don’t wait for a Deaf employee to request adjustments. Be proactive in assessing and implementing adjustments to create an inclusive workplace.
If you’re unsure about how to implement adjustments or if an adjustment is reasonable, seek advice from Access to Work, disability support organisations or legal professionals specialising in employment law.
How Sign Solutions can help businesses become more accessible
Supporting and enabling Deaf employees to access employment opportunities and providing them with equal opportunities at work is the responsibility of every organisation under the Equality Act 2010.
Whether you’re an employee or an employer, Sign Solutions can help pave the way for a more diverse and enriched working environment. We provide BSL interpreting and translation services in-person or online, plus expert consultancy, including Access to Work advice, to help ensure your organisation is as accessible as possible.
All the skilled BSL interpreters we work with are DBS-checked and NRCPD-registered and can provide a high-quality service to Deaf people across the UK.
To find out more and for expert advice on which type of communication support will meet your needs and whether it can be funded through Access to Work, call us on 0843 178 0773, email atw@Signsolutions.uk.com or contact us via a BSL video interpreter.
